Mum left house to us 'in trust'...what does this actually mean??

[WTF1]

It was being rented out when she died (she was living with step dad in his house,) and 10 years later still is. Step dad gets the rental. Me and my 2 siblings have all fallen on hard times this last year, older brother lost his job and has taken a massive pay cut for no fault of his own, sister's husband has depression and is no longer working, and I've just divorced the tightest man in the world. Can we force a sale?? We are all skint, and whilst I do like step dad I can't help feeling a bit when he and new wife are off on another cruise. Any advice would be great.

Who are the trustees?

I assume it's step dad

From the little here it sounds like it is designed to give him an income but not the capital. Without seeing the exact wording can't see if a sale can be forced but they are generally designed to prevent that.

Have you tried talking to stepdad? It will depend on your relationship but might help.

Is your step dad also a beneficiary? If not you go to court and sue him for breach of fiduciary duty for the rental income and you dissolve the trust under Saunders v Vautier rule (basically all beneficiaries agree together to disolve). If you can post the wording of the trust instrument then I can give you a better answer.

Thanks, just trying to find the will! I may be a while!

You need a copy of the trust document don’t you?

Disclaimer - not legally qualified.

I assume that your stepdad get the rental income but when he dies the proceeds of the sale of the house goes to you and your siblings?

If you’re the beneficiary and step dad is trustee, he should not be picketing the rent, any income from the trust is for the beneficiary/s of the trust. You need to get the details, he possibly owes you ten years of rent he’s fraudently took.

Theres a trust document? Not aware of one. Will return to thread when I have the will.

Often trusts are set up so the partner has a lifetime interest in the house but when he dies or house is sold because he goes into care then you inherit the proceeds, the value of the house could never be used for his care fees, if he has moved elsewhere the rent should be for trustee not himself but you need a copy of the will, all wills after probate are public documents

Can you provide more detail as to how the house was left in trust? Does your stepdad have a life interest? Can you find the terms of the will and /or trust to post here?

Legal advice

.

Just ordered the will on line, it'll take a couple of days it says so I will be back then! Thanks for all comments, sorry I have given half a story!

This happened to us. Dad died when we were struggling young adults. The house was sold 25 years later, when Stepmother died. We waited and there was no choice in that. But obvs depends on the wording of the will and the trust. I would seek legal advice.

I doubt he is the trustee. Well done for ordering the will - when you've got the terms of the trust set out in the will people can give more helpful advice.

If you’re the beneficiary and step dad is trustee, he should not be picketing the rent, any income from the trust is for the beneficiary/s of the trust. You need to get the details, he possibly owes you ten years of rent he’s fraudently took.

It is unlikely that stepdad is the trustee. It sounds like he has a full life interest in the property. If that is the case he hasn't fraudulently taken anything. He is entitled to the rent.

Agreed it sounds like he has a life interest in it but the end benefit goes to you. The will should clear things up.

This is the setup that my family has, my parents have lifetime interest in their properties but my children own the trust. Myself and a friend are the trustees. When my parents die it will be me that has the lifetime interest, if my children have children the trust will pass to them.

The idea is that the generation that has the lifetime interest in the estate always has a younger generation to be the beneficiaries. The oldest generation has the lifetime interest, the youngest is the beneficiary. I'm an in-between generation which is the first time it's happened.

Myself and my partner are also setting up the same for the property we're buying. He'll never have an interest in my families trust, but mine and his children will have equal benefit of ours.

my parents have this both own 50% of their house; my father is in his 90's and quite a bit older than mum, I know that my mother has a life interest in his share ( in trust for us) including downsizing or moving but when the house is sold either because my mum dies or she needs full time care her 50 % would go to care home fees but at that point myself and my siblings would get our share of my fathers 50%
I hope none of this happens soon but my parents are sensible and have written wills and have said everything is to be shared equally
now for us there is no complication of step parents but the principle is the same so if OP's step dad has a life interest it would include the rent, if he has a life interest you can not force a sale, as OP's mother knew it was rented out and not actually lived in by herself and stepdad I would suppose the will reflects this, so it could be that everything is being done according to will and that step dad is entitled to rent or at some point he could sell his house and move back into Op's mothers home, what he can't do is sell it and benefit from proceeds neither can the value of the home be used to pay for care home fees of step dad only the value of his own property, when sold the money from sale belongs to OP and her siblings